CADILA HEALTHCARE LIMITED Vs. COMPETITION COMMISSION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioners challenging the orders dated January 16, 2018 and January 17, 2018 and order dated November 17, 2015 passed by the respondent No.1 under Section 26(1) of the Competition Act insofar as it extends to petitioners, whereby the respondent No.1 has dismissed the review/recall application preferred by the petitioners.

(2.) Some of the facts as noted from the petition are that three information filed by M/s Alis Medical Agency, Ahmedabad, M/s Stockwell Pharma, Surat and M/s Apna Dawa Bazar, Vadodara were filed by the respondent No.1. In the information filed by the aforesaid three entities, it was alleged that when they approached certain pharmaceutical companies, or their clearing and forwarding agents for supply of medicines, they were allegedly denied the same on the alleged directions of Federation of Gujarat State Chemist & Druggists Association in the State of Gujarat. It is stated that one Dayabhai Patel is a partner in both Apna Dawa Bazar and Reliance Medical Agency and he filed another case on similar issue through another firm Reliance Agency before the respondent No.1. One Nayan Raval, the Authorized Signatory of respondent No.3 herein Reliance Medical Agency is also a partner in Apna Dawa Bazar and Reliance Agency.

(3.) It is the case of the petitioners on or before July 09, 2015 respondent No.3 prepared a pay order bearing No. 371845 dated July 09, 2015 for Rs.50,000/- in favour of respondent No.1 CCI for filing the information. Vide letter dated July 09, 2015 respondent No.3 approached the petitioner No.1 through its C&F Agent i.e petitioner No.2 seeking supply of certain pharmaceutical products. On August 03, 2015, information dated July 27, 2015 was filed by respondent No.3 in Case No. 68/2015 before the respondent No.1 against the Chemist & Druggist Association, Baroda and certain pharmaceutical companies including the petitioners herein alleging limiting and controlling the supply of drugs in Vadodara by requiring No Objection Certificate for the appointment of stockists. It is stated, Dayabhai Patel, who is a partner in Apna Dawa Bazar is also a partner in Reliance Medical Agency. On August 26, 2015, respondent No.1 CCI passed an order taking cognizance of the above information and decided to call respondent No.3 to explain its case on September 30, 2015. It is averred that none of the petitioners were informed about the information or called for hearing.